Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

Multiple Choice

What is the standard theory of product liability under strict liability, and what must the plaintiff prove?

Strict liability for products makes manufacturers and sellers responsible for injuries caused by defective products, without needing to prove negligence. To win, the plaintiff must show that the product was defective when it left the seller’s control, that the defect made the product unreasonably dangerous, that the defect caused the injury, and that the product reached the user without substantial alteration. The defect can be due to manufacturing, design, or a failure to warn, but the essential idea is a defect present at sale that causes harm when the product is used as intended. The other options don’t fit because they rely on showing negligence (in warning), or are unrelated concepts like estoppel or price.

Strict liability for products makes manufacturers and sellers responsible for injuries caused by defective products, without needing to prove negligence. To win, the plaintiff must show that the product was defective when it left the seller’s control, that the defect made the product unreasonably dangerous, that the defect caused the injury, and that the product reached the user without substantial alteration. The defect can be due to manufacturing, design, or a failure to warn, but the essential idea is a defect present at sale that causes harm when the product is used as intended. The other options don’t fit because they rely on showing negligence (in warning), or are unrelated concepts like estoppel or price.